The mother of Jeremy Atkinson, who attempted to rob a Kroger in Indianapolis 6 months ago and was shot by an armed store employee during that robbery, is suing Kroger. She says Kroger is liable for her son’s death because Kroger failed to properly enforce its policy that forbids employees from carrying guns while working.

Atkinson has a prior criminal history and did prison time for a previous armed robbery. The Kroger employee who stopped the robbery was generally heralded as a hero by the general public and co-workers.